ولاية التزويج في الفقه الإسلامي وتطبيقاتها القانونية في بروناي دارالسلام

Abstract

In Muslim society, male and female couples who want to start a family will go through several things. Starting from the engagement to the marriage ceremony. After completing the marriage steps, the couple is called husband and wife and their relationship becomes halal to live together. The marriage contract will be completed by the guardian or his representative, a certified marriage celebrant with the man to be married. Wali is one of the pillars of marriage. A marriage performed without a guardian is invalid. The guardian of the marriage is the biological father who has a lineage relationship with the woman to be married or the guardian of the lineage according to the order of priority if the biological father has died or does not meet the requirements in the marriage guardianship. This research also aims to explain the concept of guardian of marriage in Islam and how the implementation of law is implemented in Brunei Darussalam. The focus of this research is to discuss the understanding of the definition of guardian in terms of language and terms from the opinions of several Fuqaha. This research also aims to understand the understanding of the guardian's role in each of the rights given and distinguish between the types of guardianship. Therefore, this research also brings some opinions of jurists from the four main Fuqaha of thought along with arguments to support their opinions. This research also brings relevant Acts of Law in Brunei Darussalam which will describe each chapter in the provision of guardianship implemented. The most important of findings conclude that Brunei Darussalam has already implemented Islamic family law especially with the guardian of marriage. Not only focusing on the Islamic Shari'a but also for the public's well-being.